Outdated Exemption List, Subchapter V - September 9, 1998Synopsis of specific exemptions from air permitting that were in effect on this date.http://www.tceq.texas.gov/permitting/air/permitbyrule/historical_rules/old106list/998/v.htmlhttp://www.tceq.texas.gov/@@site-logo/tceqlogo-3colors.gif

Outdated Exemption List, Subchapter V - September 9, 1998

Synopsis of specific exemptions from air permitting that were in effect on this date.

Dual-chambered incinerators which burn only waste generated
on-site and which meet the conditions of this section are exempt.
Incinerators used in the processing or recovery of materials or to
dispose of pathological waste as defined in § 106.494 of this
title (relating to Pathological Waste Incinerators (Previously SE
90)), hospital waste, and/or infectious waste are not authorized by
this section.

(1) The incinerator shall meet the following design
requirements.

(A) The incinerator shall be equipped with an afterburner
automatically controlled to operate with a minimum temperature of
1,400 degrees Fahrenheit and a minimum gas retention time of 0.5
seconds.

(C) Stacks shall have unobstructed vertical discharge when the
incinerator is operated. Properly installed and maintained spark
arrestors are not considered obstructions.

(D) Stack height shall be six feet above the peak of the
highest building within 150 feet.

(2) The incinerator shall meet the following operational
conditions.

(A) Before construction begins, the facility shall be
registered with the commission's Office of Air Quality in Austin
using Form PI-7.

(B) Fuel for the incinerator shall be limited to sweet natural
gas, liquid petroleum gas, Number 2 fuel oil with less than 0.5%
sulfur by weight, or electric power.

(C) This facility shall be used solely for the disposal of the
following waste materials generated on-site: paper, wood, cardboard
cartons, rags, garbage (animal and vegetable wastes as defined in
Chapter 101 of this title (relating to General Rules)), and
combustible floor sweepings; containing overall not more than 10%
treated papers, plastic, or rubber scraps. Neither garbage content
nor moisture content shall exceed 50% and noncombustible solids
shall not exceed 10%.

(D) The manufacturer's recommended operating instructions
shall be posted at the incinerator and the unit shall be operated
in accordance with these instructions.

(E) Incinerator owners and operators shall meet the
monitoring, testing, reporting, and recordkeeping requirements
found in Chapter 111 of this title (relating to Control of Air
Pollution from Visible Emissions and Particulate Matter).

106.492 Flares (Previously
SE 80)

Smokeless gas flares which meet the following conditions of
this section are exempt:

(1) design requirements.

(A) The flare shall be equipped with a flare tip designed to
provide good mixing with air, flame stability, and a tip velocity
less than 60 feet per second (ft/sec) for gases having a lower
heating value less than 1,000 British thermal units per cubic foot
(Btu/ft3) or a tip velocity less than 400 ft/sec for gases having a
lower heating value greater than 1,000 Btu/ft3.

(B) The flare shall be equipped with a continuously burning
pilot or other automatic ignition system that assures gas ignition
and provides immediate notification of appropriate personnel when
the ignition system ceases to function. A gas flare which emits no
more than 4.0 pounds per hour (lb/hr) of reduced sulfur compounds,
excluding sulfur oxides, is exempted from the immediate
notification requirement, provided the emission point height meets
the requirements of 106.352(4) of this title (relating to Oil and
Gas Production Facilities (Previously SE 66)).

(C) A flare which burns gases containing more than 24 parts
per million by volume (ppmv) of sulfur, chlorine, or compounds
containing either element shall be located at least 1/4 mile from
any recreational area or residence or other structure not occupied
or used solely by the owner or operator of the flare or the owner
of the property upon which the flare is located.

(D) The heat release of a flare which emits sulfur dioxide
(SO2) or hydrogen chloride (HCl) shall be greater than or equal to
the following values:

For HCl Q = 2.73 X 105 X HCl

For SO2 Q = 0.53 X 105 X SO2

Where Q = heat release, British thermal units per hour, based
on lower heating value

HCl = HCl emission rate, lb/hr

SO2 = SO2 emission rate, lb/hr

(2) operational conditions.

(A) The flare shall burn a combustible mixture of gases
containing only carbon, hydrogen, nitrogen, oxygen, sulfur,
chlorine, or compounds derived from these elements. When the gas
stream to be burned has a net or lower heating value of more than
200 Btu/ft3 prior to the addition of air, it may be considered
combustible.

(B) A flare which burns gases containing more than 24 ppmv of
sulfur, chlorine, or compounds containing either element shall be
registered with the commission's Office of Air Quality in Austin
using Form PI-7 prior to construction of a new flare or prior to
the use of an existing flare for the new service.

(C) Under no circumstances shall liquids be burned in the
flare.

106.493 Direct Flame
Incinerators (Previously SE 88)

Direct flame incinerators installed for the purpose of
reducing or eliminating non-halogenated volatile organic compound
vapors and/or aerosols (but not liquids or solids) are exempt,
provided the following conditions of this section are satisfied.

(1) Before construction begins, the facility shall be
registered with the commission's Office of Air Quality in Austin
using Form PI-7.

(2) Each direct flame incinerator shall be automatically
controlled to maintain a minimum temperature of 1,400 degrees
Fahrenheit in the combustion chamber (secondary chamber if
dual-chambered) and a gas retention time of 0.5 second or greater.

(3) Continuous temperature monitors to record the temperature
of the combustion chamber (secondary chamber if dual chambered)
shall be installed and maintained. Temperature data shall be
maintained on a rolling two-year retention basis and shall be made
available at the request of personnel from the commission or any
local air pollution control program having jurisdiction.

(4) Manufacturer's recommended operating instructions shall be
posted at each incinerator and each unit shall be operated in
accordance with these instructions.

(5) Opacity of emissions from the incinerator shall not exceed
5.0% averaged over a five-minute period.

(6) There shall be no obstructions to stack flow, such as by
rain caps, unless such devices are designed to automatically open
when the incinerator is in operation. Properly installed and
maintained spark arrestors are not considered obstructions.

(7) Heat for the incinerator shall be provided by the
combustion of sweet natural gas, liquid petroleum gas, or Number 2
fuel oil with no more than 0.5% sulfur by weight or by electric
power.

(9) This section shall not apply to catalytic incinerators or
direct flame incinerators installed to control emissions from new
or modified facilities subject to the requirements of Chapter 116
of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification).

106.494 Pathological Waste
Incinerators (Previously SE 90)

Crematories and non-commercial incinerators used to dispose of
pathological waste and carcasses which meet the following
conditions of this section are exempt:

(C) Burners shall be located in each chamber, sized to
manufacturer's specifications, and operated as necessary to
maintain the minimum temperature requirements of subparagraphs (D)
or (E) of this paragraph at all times when the unit is burning
waste.

(D) Excluding crematories, the secondary chamber must be
designed to maintain a temperature of 1,600 degrees Fahrenheit or
more with a gas residence time of 1/2 second or more.

(E) In lieu of subparagraph (D) of this paragraph,
incinerators at animal feeding operations that:

(i) are used to dispose of carcasses generated on-site; and

(ii) are located a minimum of 700 feet from the nearest
property line, shall be designed to maintain a secondary chamber
temperature of 1,400 degrees Fahrenheit or more with a gas
residence time of 1/4 second or more.

(F) There shall be no obstructions to stack flow, such as by
rain caps, unless such devices are designed to automatically open
when the incinerator is operated. Properly installed and maintained
spark arrestors are not considered obstructions.

(2) operational conditions.

(A) Before construction begins, the facility shall be
registered with the commission using Form PI-7.

(B) The manufacturer's recommended operating instructions
shall be posted at the unit and the unit shall be operated in
accordance with these instructions.

(C) The opacity of emissions from the incinerator shall not
exceed 5.0% averaged over a five-minute period.

(D) Heat shall be provided by the combustion of sweet natural
gas, liquid petroleum gas, or Number 2 fuel oil with less than 0.3%
sulfur by weight, or by electric power.

(E) Incinerators used in the recovery of materials are not
covered by this section.

(F) Incinerators installed and operated in accordance with the
conditions of this section shall not be used to dispose of any
medical waste, other than pathological waste and/or carcasses.

(G) Incinerators installed and operated in accordance with the
conditions of this section shall also meet the requirements of
111.121, 111.123, 111.124, 111.125, 111.127, and 111.129 of this
title (relating to Single-, Dual-, and Multiple-Chamber
Incinerators; Medical Waste Incinerators; Burning Hazardous Waste
Fuels in Commercial Combustion Facilities; Testing Requirements;
Monitoring and Recordkeeping Requirements; and Operating
Requirements).

(H) Crematories shall be used for the sole purpose of
cremation of human remains and appropriate containers.

(D) Crematory (as defined in the H&SC, 711.001) - A
structure containing a furnace used or intended to be used for the
cremation of human remains.

(E) Animal feeding operations - A lot or facility (other than
an aquatic animal feeding facility or veterinary facility) where
animals are stabled or confined and fed or maintained for a total
of 45 days or more in any 12-month period, and the animal
confinement areas do not sustain crops, vegetation, forage growth,
or post-harvest residues in the normal growing season.

(F) Non-commercial incinerator - An incinerator which does not
accept pathological waste or carcasses generated off-site for
monetary compensation.

106.495 Heat Cleaning
Devices (Previously SE 87)

Heat cleaning devices (such as ovens, furnaces, and/or direct
flame incinerators) used to thermally remove residual combustible
or semi-combustible materials from noncombustible electrical or
mechanical parts are exempt, provided the following conditions of
this section are satisfied.

(1) Before construction begins, the facility shall be
registered with the commission's Office of Air Quality in Austin
using Form PI-7.

(2) The combustible material shall not exceed 10% by weight of
the total load to the oven, furnace, and/or incinerator.

(4) The oven, furnace, and/or incinerator shall be equipped
with an afterburner automatically controlled to operate with a
minimum temperature of 1,400 degrees Fahrenheit and a gas retention
time of 0.5 second or greater.

(5) Opacity of emissions from the oven, furnace, and/or
incinerator shall not exceed 5.0% averaged over a five-minute
period.

(6) The manufacturer's recommended operating instructions
shall be posted at each oven, furnace, and/or incinerator, and each
unit shall be operated in accordance with these instructions.

(7) Heat shall be provided by the combustion of sweet natural
gas, liquid petroleum gas, or Number 2 fuel oil with no more than
0.5% sulfur by weight, or by electric power.

(8) The emission of any air contaminant shall not exceed 0.5
pounds per hour and 2.0 tons per year.

106.496 Trench Burners
(Previously SE 97)

Any trench burner that operates according to the following
conditions of this section is exempt.

(1) The trench burner shall be operated at least 300 feet from
any recreational area, residence, or other structure not occupied
or used solely by the owner of the trench burner or the owner of
the property upon which the trench burner is located.

(2) The trench shall be opened in undisturbed soil not
previously excavated, built up, compacted, or used in any type of
landfill operation.

(3) The trench shall be no wider than 12 feet with a minimum
depth of ten feet. The maximum length of the burning area as
measured along the bottom of the trench shall not exceed by more
than five feet the length of the manifold. The walls of the trench
must be maintained such that they remain vertical.

(4) Operation of this trench burner is limited to the hours
between 8:00 a.m. and 6:00 p.m., and is limited to a total of eight
hours per day and 1,000 hours per year. A written record or log of
the hours of operation of this trench burner shall be maintained at
the site and made available at the request of personnel from the
commission or any local air pollution control program having
jurisdiction. This record or log shall be organized such that the
compliance status of this special condition can be readily
determined.

(5) Material shall not be added to the trench such that the
material will not be consumed by 6:00 p.m.

(6) The blower shall remain on until all material is consumed
so that any remaining material in the trench will not smoke when
the blower is turned off.

(7) This trench burner shall not be operated when an air
stagnation advisory is in effect for the area in which the trench
burner is located.

(8) Opacity of emissions from the trench and from operation of
the blower shall not exceed 20% averaged over a five-minute period,
except for a start-up period which shall not exceed 20 minutes.
Opacity shall be measured as outlined in Chapter 13, "Visible
Emissions Evaluation," of the commission's Sampling Procedures
Manual, as published in January 1983, and as subsequently revised.

(9) Material to be burned in the trench is limited to not more
than 7.0 tons per hour of trees, brush, and untreated lumber.
Material not being worked and material being stockpiled to be
burned at a later date must be kept at least 75 feet from the
trench.

(10) Material shall not be added to the trench in such a
manner as to be stacked above the air curtain at any time.

(11) The ash generated by this operation shall be removed from
the trench as necessary in order to maintain the minimum trench
depth of ten feet. The ash shall be removed in such a manner as to
minimize the ash becoming airborne. All material removed from the
trench must be completely extinguished before being landfilled or
placed in contact with combustible material to prevent combustion
outside of the trench or in the landfill.

(12) A copy of this section shall be kept at the burn site and
made available at the request of personnel from the commission or
any local air pollution control program having jurisdiction.

(13) Operating instructions shall be posted at the burn site
and all operators shall read and have knowledge of these
instructions. The operating instructions shall be made available at
the request of personnel from the commission or any local air
pollution control program having jurisdiction.

(14) An operator shall remain with the trench burner at all
times when it is operating.

(15) Upon notification by a representative of the commission
or any local air pollution control program having jurisdiction that
the trench burner is not complying with the conditions of this
section, no additional material shall be added to the trench until
compliance with such conditions has been effected.

(16) The Texas Natural Resource Conservation Commission
(TNRCC) shall be notified by the owner or operator of the trench
burner prior to use of the trench burner at a TNRCC permitted
landfill.

(17) Upon removal of the trench burner from the burn site, the
trench shall be completely filled with uncombustible material.

(18) Before operation of the facility begins at any site,
written site approval shall be received from the executive director
and any local air pollution control program having jurisdiction in
the area and the facility shall be registered with the commission's
Office of Air Quality in Austin using Form PI-7.